Bray v. English
Supreme Court of Connecticut
IN ERROR. THIS was an action against the present plaintiffs in error for a disturbance in the enjoyment of a shad-fishery in Ousatonnick river.
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IN ERROR. THIS was an action against the present plaintiffs in error for a disturbance in the enjoyment of a shad-fishery in Ousatonnick river. The cause, while pending in the county court, was referred, at the desire of the parties, to Asa Chapman, Benjamin Stiles, and Shadrach Osborne, Esqrs. who were appointed referees pursuant to the statute(a). They afterwards made their report, stating that they met at the house of A. B. in Derby, on the 23d of February 1815, when and where the defendants appeared with their witnesses, but the plaintiffs neglected to appear to prosecute their action,…
1Opinion of the Court
Swift, Ch. J.
The agreement respecting the time of meeting for a hearing by the referees, was no part of the submission, and, as such, cannot be noticed by the court ; but if it was made use of to practice a fraud, and while the plain*501tiffs relied upon it, the defendants, in violation of it, procured the referees to notify a meeting, when the plaintiffs were absent, or under such circumstances that they could not have a fair trial, it might then be considered as a ground for setting aside the award. But in this case, it appears that actual notice was given to the plaintiffs ; and it was in…
2Cited by9 opinions
- In re Curtis & Castle ArbitrationSupreme Court of Connecticut · 1894
- Gaer Bros., Inc. v. MottSupreme Court of Connecticut · 1957
- Knutson v. LasherSupreme Court of Minnesota · 1945
- Waterbury Blank Book Manufacturing Co. v. HurlburtSupreme Court of Connecticut · 1901
- Brown v. EubankCourt of Appeals of Texas · 1969
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